Extreme Networks Sentriant AG Software User's Manual page 467

Licenses
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights
is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not
make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by
applicable law, you may not modify, decompile, or reverse engineer Software. Licensee acknowledges that Software is not
designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims
any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark,
logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced
by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and
workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's
entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for
Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS
ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE
LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO
THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the
amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated
warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying
all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any
provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control
laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws
and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as
may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S.
Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying
documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4
(for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law.
No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with
the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will
immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes
all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over
any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties
relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless
in writing and signed by an authorized representative of each party.
For inquiries please contact: Sun Microsystems, Inc., 4140 Network Circle, Santa Clara, California 95054
Sun Microsystems, Inc.
Supplemental Terms and Conditions for Sun Java System Message Queue Platform Edition 3 2005Q1 and Sun Java System
Message Queue Enterprise Edition 3 2005Q1
These terms and conditions for the Software supplement the terms and conditions of the Agreement. Capitalized terms not
defined herein shall have the meanings ascribed to them in the BCL. These terms and conditions shall supersede any
inconsistent or conflicting terms and conditions in the BCL.
A. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in
the THIRDPARTYLICENSEREADME file. In addition to any terms and conditions of any third party opensource/freeware
license identified in the THIRDPARTYLICENSEREADME file, the disclaimer of warranty and limitation of liability provisions in
paragraphs 4 and 5 of the BCL shall apply to all Software in this distribution.
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Sentriant AG Software Users Guide, Version 5.3